Democrats look to pile pressure on Trump at Brett Kavanaugh Supreme Court confirmation hearings

Nominee is likely face tough questions over abortion rights and president's executive power

(AP)

The touch paper was lit weeks ago when Donald Trump selected Brett Kavanaugh as his pick to become a judge on the Supreme Court - and now the fireworks are about to begin.

Mr Kavanaugh begins his confirmation hearing on Tuesday morning in the Senate. Liberal activists have howled for weeks about the nominee’s record, aware that if the conservative Mr Kavanaugh makes it to the bench, America’s top court will be pushed towards the right.

Mr Trump has already had the chance to put conservative Neil Gorsuch on the court, but this seat is different - it is the swing seat of retired judge Anthony Kennedy. For critics, Mr Kavanaugh’s ascension could lead to a hammer blow for women’s rights in the possible end of the abortion rights granted by the seminal Roe v Wade ruling, it will also send America to the right for decades and potentially help Mr Trump get a second term.

The stakes are no doubt high given the fact Mr Kavanaugh would hold onto his seat for decades, even if Democrats actually have few options. Republicans are likely to have the votes to confirm Mr Kavanaugh given it requires a simple majority in the Senate which they hold, but as with everything surrounding the Trump presidency this hearing will have ramifications beyond the court.

For a start, the nominations of Mr Gorsuch and Mr Kavanaugh are two of the strongest bits of glue holding the Republicans together. The elevation of such solid conservatives has allowed some supporters of the president to overlook some of his shortcomings and his combative style. At a time where Mr Trump is facing a multitude of other issues, he needs such a win.

Special counsel Robert Mueller’s Russia investigation is looking into election meddling by Moscow in the 2016 presidential election, but also possible collusion between Russia and Trump campaign officials and potentially obstruction of justice by Mr Trump. The president has repeatedly labelled the investigation a baseless “witch hunt” but his ire has been clearly rising in recent weeks.

That comes off the back of two former Trump associates facing legal cases. The president's long-time lawyer Michael Cohen pleaded guilty, and former campaign chairman Paul Manafort was found guilty of a number of financial crimes in cases stemming from the Mueller investigation. Mr Manafort faces another trial in Washington DC later this month, and may yet face a possible retrial over 10 charges that a jury failed to agree a verdict on during his first court case.

Mr Trump has distanced himself from both cases, denying any wrongdoing, although Mr Cohen implicated him in payments to two women before the election that were the subject of Mr Cohen’s guilty plea over two charges of campaign finance violations.

Mr Kavanaugh’s confirmation will no doubt bring questions about Mr Trump, with the Supreme Court nominee having worked for independent counsel Ken Starr during the investigation of then-president Bill Clinton and having expressed doubts about how much a sitting president can be investigated.

The only weapon that Democrats on the Senate committee will have is questions, and no doubt someone will ask whether Mr Kavanaugh would look to recuse himself from any case involving Mr Trump that may make it to the Supreme Court, considering he was nominated by him. Other questions that will likely be raised by Democrats - Republicans will seek to play up his integrity - will be Roe v Wade, gun rights and a number of other conservative positions Mr Kavanaugh has taken in judgements while on the federal appeals court.

That will add to the pressure on Mr Trump, who has not been shy about admonishing his Attorney General Jeff Sessions for recusing himself from overseeing Mr Mueller’s investigation - with the president seemingly blaming Mr Sessions for not using his powers in the Department of Justice to end the investigations.

He was at it again on Monday, blasting Mr Sessions over the indictments of two Republicans in Congress. Representative Duncan Hunter of California and Chris Collins of New York were indicted within two weeks of each other last month on unrelated charges. Mr Collins was charged with 13 counts of securities fraud, wire fraud and making false statements related to an alleged insider trading scheme. Mr Hunter was indicted for using campaign funds for personal use. Both men have pleaded not guilty.

“Two long running, Obama era, investigations of two very popular Republican Congressmen were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department,” Mr Trump tweeted. “Two easy wins now in doubt because there is not enough time. Good job Jeff…”.

A decision to hold off from prosecuting two Congressmen up for re-election would have been unethical and seemingly show a political motive that runs against the department’s non-partisan mission. However, it shows the frustration of the president in recent weeks.

For Democrats, the conformation hearing for Mr Kavanaugh is a chance to project a strong image ahead of the crucial midterms. Democrats across the House and Senate have constantly attacked Mr Kavanaugh’s record in recent weeks and also the fact that the White House is withholding the release to the public of more than 100,000 pages of documents relating to the judge’s time as an aide in the administration of George W Bush, which Democrats have said would have shed light on his character. The White House is citing presidential privilege.

While more than 200,000 pages are being released, the leading Democrat in the Senate, Chuck Schumer set the combative tone ahead of the confirmation hearing. He claimed the decision to withhold the documents “has all the makings of a cover-up … What are they trying so desperately to hide?”